A
note to glossary users:
Each entry includes a term, the term's definition, and a citation
for the source of the definition. All definitions are quoted as
cited, except as noted otherwise. This glossary is a working document.
Comments are welcome, and can be addressed to NAGPRA_info@nps.gov.

Aboriginal Lands: Federal land
that is recognized by a final judgment of the Indian Claims Commission
or the United States Court of Claims as the aboriginal land of an
Indian tribe. [43 CFR 10.6 (a)(2)(iii)]

Alaska
Native Claims Settlement Act: 43 USC 1601-1624. The Alaska
Native Claims Settlement Act authorized Alaska Natives to select
and receive title to 44 million acres of public land in Alaska,
and $962,000,000 in cash as settlement of their aboriginal claim
to land in the State. The Act established a system of village and
regional Native corporations to manage the lands and cash payments,
and made extensive provisions regarding the operations of the corporations.
[U.S. Fish and Wildlife Service Law Digest]

Alaska
Native village: See Indian Tribe.

Affected
Party: An affected party is an Indian tribe, Native Hawaiian
organization, lineal descendant, Federal agency, or museum. [Review
and Findings Procedures of the Native American Graves Protection
and Repatriation Review Committee]

Associated
Funerary Objects: Objects that, as a part of the death
rite or ceremony of a culture, are reasonably believed to have been
placed with individual human remains either at the time of death
or later, and both the human remains and associated funerary objects
are presently in the possession or control of a Federal agency or
museum, except that other items exclusively made for burial purposes
or to contain human remains shall be considered as associated funerary
objects. [25 USC 3001 (3)(A)]

Burial
Site: Any natural or prepared physical location, whether
originally below, on, or above the surface of the earth, into which
as part of the death rite or ceremony of a culture, individual human
remains are deposited. [25 USC 3001 (1)]

Civil
Penalties: A monetary penalty assessed against a museum
that fails to comply with the requirements of NAGPRA. The Secretary
of the Interior has authority to assess civil penalties pursuant
to 25 USC 3007 (a). The amount of the penalty is determined pursuant
to 43 CFR 10.12. See also Failure to Comply.

Claim:
To demand as one's own or as one's right; to assert; to urge; to
insist. A cause of action. Means by or through which claimant obtains
possession or enjoyment of privilege or thing. Demand for
property as of right. [Black's Law Dictionary, 6th Edition]

Claimant:
A lineal descendant, Indian tribe, or Native Hawaiian organization
who asserts a claim for cultural items pursuant to NAGPRA.

Control:
Having a legal interest in human remains, funerary objects, sacred
objects, or objects of cultural patrimony sufficient to lawfully
permit the museum or Federal agency to treat the objects as part
of its collection for purposes of these regulations whether or not
the human remains, funerary objects, sacred objects or objects of
cultural patrimony are in the physical custody of the museum or
Federal agency. Generally, a museum or Federal agency that has loaned
human remains, funerary objects, sacred objects, or objects of cultural
patrimony to another individual, museum, or Federal agency is considered
to retain control of those human remains, funerary objects, sacred
objects, or objects of cultural patrimony for purposes of these
regulations. [43 CFR 10.2 (a)(3)(ii)] See also Possession, Physical
Custody, and Federal Lands.

Cultural
Affiliation: A relationship of shared group identity
which can be reasonably traced historically or prehistorically between
a present day Indian tribe or Native Hawaiian organization and an
identifiable earlier group. [25 USC 3001 (2)]

Cultural affiliation
is established when the preponderance of the evidence -- based on
geographical, kinship, biological, archeological, linguistic, folklore,
oral tradition, historical evidence, or other information or expert
opinion -- reasonably leads to such a conclusion. [43 CFR 10.2 (e)]
See also Preponderance of Evidence.

Cultural
Patrimony: An object having ongoing historical, traditional,
or cultural importance central to the Native American group or culture
itself, rather than property owned by an individual Native American,
and which, therefore, cannot be alienated, appropriated, or conveyed
by any individual regardless of whether or not the individual is
a member of the Indian tribe or Native Hawaiian organization and
such object shall have been considered inalienable by such Native
American group at the time the object was separated from such group.
[25 USC 3001 (3)(D)]

Culturally
Unidentifiable: Cultural items for which no culturally
affiliated present-day Indian tribe or Native Hawaiian organization
can be determined. [43 CFR 10.9 (d)(2)] See also Inventory of Culturally
Unidentifiable Human Remains/Review Committee Inventory

Departmental
Consulting Archeologist: The official of the Department
of the Interior designated by the Secretary as responsible for the
administration of matters relating to 43 CFR 10. [43 CFR 10.2 (c)(3)]
Many of the Departmental Consulting Archeologist's duties under
43 CFR 10 have been delegated to the National NAGPRA program manager.

Designated
Federal Officer/Official: The Federal Advisory Committee
Act (Section 10 (3) requires that a designated officer or employee
of the Federal Government chair or attend each meeting of each advisory
committee. The designated officer or employee is authorized, whenever
she or he determines it to be in the public interest, to adjourn
any such meeting. No advisory committee shall conduct any meeting
in the absence of that officer or employee. Per the charter of the
Native American Graves Protection and Repatriation Review Committee,
the Designated Federal Officer for Review Committee is the National
NAGPRA program manager. See also Review Committee.

Disposition:
Act of disposing. Transferring to the care or possession of another.
The parting with, alienation of, or giving up property. [Black's
Law Dictionary, 6th Edition]. As used at 25 USC 3002 and 43 CFR
Subpart B, the term refers to the return of cultural items excavated
or inadvertently discovered on Federal or tribal lands after November
16, 1990, to lineal descendants, Indian Tribes, and Native Hawaiian
organizations. The term disposition is also used at 25 USC 3006
(c)(5) with respect to the Review Committee's charge to recommend
specific actions for developing a process for the disposition of
culturally unidentifiable human remains. See also Repatriation,
Return, and Transfer.

Documentation:
A summary of existing museum or Federal agency records including
inventories or catalogues, relevant studies, or other pertinent
data for the limited purpose of determining the geographical origin,
cultural affiliation, and basic facts surrounding the acquisition
and accession of human remains and associated funerary objects.
[43 CFR 10.9 (e)(5)]

Extension:
Any museum that has made a good faith effort to complete its inventory,
but which will be unable to complete the process by this deadline
[November 16, 1990], may request an extension of the time requirements
from the Secretary. An indication of good faith efforts must include,
but not necessarily be limited to, the initiation of active consultation
and documentation regarding the collections and the development
of a written plan to carry out the inventory process. Minimum components
of an inventory plan are: a definition of the steps required; the
position titles of the persons responsible for each step; a schedule
for carrying out the plan; and a proposal to obtain the requisite
funding. [43 CFR 10.9 (f)]

Failure
to Comply: For purposes of civil penalties, a museum
has failed to comply with NAGPRA if:
1) after November 16, 1990, a museum sells or otherwise transfers
human remains, funerary objects, sacred objects, or objects of cultural
patrimony contrary to provisions of the Act, including, but not
limited to, an unlawful sale or transfer to any individual or institution
that is not required to comply with the Act;
2) after November 16, 1993, a museum has not completed summaries
as required by the Act;
3) after November 16, 1995, or the date specified in an extension
issued by the Secretary, whichever is later, a museum has not completed
inventories as required by the Act;
4) after May 16, 1996, or 6 months after completion of an inventory
under an extension issued by the Secretary, whichever is later,
a museum has not notified culturally affiliated Indian tribes and
Native Hawaiian organizations;
5) a museum refuses, absent any of the exemptions specified in 43
CFR 10.10(c), to repatriate human remains, funerary objects, sacred
objects, or objects of cultural patrimony to a lineal descendant
or culturally affiliated Indian tribe or Native Hawaiian;
6) a museum repatriates human remains, funerary objects, sacred
objects, or objects of cultural patrimony before publishing the
required notice in the Federal Register;
7) a museum does not consult with lineal descendants, Indian tribe
officials, and traditional religious leaders as required; or
8) a museum does not inform the recipients of repatriations of any
presently known treatment of the human remains, funerary objects,
sacred objects, or objects of cultural patrimony with pesticides,
preservatives, or other substances that represent a potential hazard
to the objects or to persons handling the objects.
[43 CFR 10.12 (b)(1)] See also Civil Penalties.

Federal
Agency: Any department, agency, or instrumentality of
the United States. Such term does not include the Smithsonian Institution.
[25 USC 3001 (4)]

Federal
Agency Official: Any individual authorized by delegation
of authority within a Federal agency to perform the duties relating
to these regulations (43 CFR 10). [43 CFR 10.2 (a)(2)]

Federal
Funds, Receives: The receipt of funds by a museum after
November 16, 1990, from a Federal agency through any grant, loan,
contract (other than a procurement contract), or other arrangement
by which a Federal agency makes or made available to a museum aid
in the form of funds. Federal funds provided for any purpose that
are received by a larger entity of which the museum is a part are
considered Federal funds for the purposes of these regulations.
[43 CFR 10.2 (a)(3)(iii)]

Federal
Lands: Any land other than tribal lands which are controlled
or owned by the United States, including lands selected by but not
yet conveyed to Alaska Native Corporations and groups organized
pursuant to the Alaska Native Claims Settlement Act of 1971. [25
USC 3001 (5)]

Any land other
than tribal lands that are controlled or owned by the United States
Government, including lands selected by but not yet conveyed to
Alaska Native Corporations and groups organized pursuant to the
Alaska Native Claims Settlement Act. United States "control"
refers to those lands not owned by the United States but in which
the United States has a legal interest sufficient to permit it to
apply these regulations (43 CFR 10) without abrogating the otherwise
existing legal rights of a person. [43 CFR 10.2 (f)(1)]

Federal
Register: The official daily publication for rules, proposed
rules, and notices of Federal agencies and organizations, as well
as executive orders and other presidential documents. The Federal
Register is published by the Office of the Federal Register, National
Archives and Records Administration (NARA). [Federal Register]

Human
Remains: The physical remains of the body of a person
of Native American ancestry. The term does not include remains or
portions of remains that may reasonably be determined to have been
freely given or naturally shed by the individual from whose body
they were obtained, such as hair made into ropes or nets. For the
purposes of determining cultural affiliation, human remains incorporated
into a funerary object, sacred object, or object of cultural patrimony
must be considered as part of that item. [43 CFR 10.2 (d)(1)]

Inadvertent Discovery: The unanticipated encounter or detection of human remains, funerary objects, sacred objects, or objects of cultural patrimony found under or on the surface of Federal or tribal lands pursuant to section 3 (d) of NAGPRA. [43 CFR 10.2 (g)(4)]

Indian
Tribe: Any tribe, band, nation, or other organized group
or community of Indians, including any Alaska Native village (as
defined in, or established pursuant to, the Alaska Native Claims
Settlement Act), which is recognized as eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians. [25 USC 3001 (7)]. This is the same as the Bureau of Indian Affairs list of federally recognized tribes, available online in PDF format.

Indian Tribe Official: The principal
leader of an Indian Tribe or Native Hawaiian organization or the
individual officially designated by the governing body of an Indian
tribe or Native Hawaiian organization or as otherwise provided by
tribal code, policy, or established procedure as responsible for
matters relating to these regulations (43 CFR 10). [43 CFR 10.2
(b)(4)]

Intentional Excavation: The planned archeological removal of human remains, funerary objects, sacred objects, or objects of cultural patrimony found under or on the surface of Federal or tribal lands pursuant to section 3 (c) of the Act. [43 CFR 10.2 (g)(3)]

Inventory:
The item-by-item description of human remains and associated funerary
objects [43 CFR 10.2 (g)(2)] as required at 25 USC 3003. The term inventory sometimes
appears in the statute in the phrase "inventory and identification,"
which refers to the identification of the cultural affiliation of
Native American human remains and associated funerary objects as
a required part of the inventory. The inventory has two parts: 1)
a listing of all human remains and associated funerary objects that
are identified as being culturally affiliated with one or more present-day
Indian tribes or Native Hawaiian organizations, and 2) a listing
of all culturally unidentifiable human remains for which no culturally
affiliated present-day Indian tribe or Native Hawaiian organization
can be determined [43 CFR 10.9 (d)]. Museums and Federal agencies
were required to complete their inventories by November 16, 1995.
See also Control, Possession, and Summary.

Inventory
of Culturally Unidentifiable Human Remains/Review Committee Inventory:
A listing of all culturally unidentifiable human remains for which
no culturally affiliated present-day Indian tribe or Native Hawaiian
organization can be determined [43 CFR 10.9 (d)(2)]. The Review
Committee is authorized under 25 USC 3006 (c)(5) to compile an inventory
of culturally unidentifiable human remains that are in the possession
or control of each Federal agency and museum, and recommend specific
actions for developing a process for the disposition of such remains.

Lineal Descendant: An individual
tracing his or her ancestry directly and without interruption by
means of the traditional kinship system of the appropriate Indian
tribe or Native Hawaiian organization or by the common law system
of descendance [sic] to a known Native American individual whose
remains, funerary objects, or sacred objects are being claimed under
these regulations. [43 CFR 10.2 (b)(1)]

Loan:
Anything furnished for temporary use to a person at his request,
on condition that it shall be returned, or its equivalent in kind,
with or without compensation for its use. [Black's Law Dictionary,
6th Edition]

Museum:
Any institution or State or local government agency (including any
institution of higher learning) that receives Federal funds and
has possession of, or control over, Native American cultural items.
Such term does not include the Smithsonian Institution or any other
Federal agency. [25 USC 3001 (8)] See also Federal Funds, Receives.

Museum
Official: The individual within a museum designated as
being responsible for matters relating to these regulations [43
CFR 10.2 (a)(4)]

National
NAGPRA: A Cultural Resources program of the National Park Service that assists the Secretary
of the Interior with some of the Secretary's responsibilities under
the Native American Graves Protection and Repatriation Act, and
focuses on NAGPRA implementation outside of the National Park System.

Native American: Of, or relating to, a tribe, people,
or culture that is indigenous to the United States. [25 USC 3001
(9)] Of, or relating to, a tribe, people, or culture indigenous
to the United States, including Alaska and Hawaii. [43 CFR 10.2
(d)]

Native
Hawaiian: Any individual who is a descendant of the aboriginal
people who, prior to 1778, occupied and exercised sovereignty in
the area that now constitutes the State of Hawaii. [25 USC 3001
(10)]

Native
Hawaiian Organization: Any organization which serves
and represents the interests of Native Hawaiians, has as a primary
and stated purpose the provision of services to Native Hawaiians,
and has expertise in Native Hawaiian affairs, and shall include
the Office of Hawaiian Affairs and Hui Malama I Na Kupuna O Hawai'i
Nei. [25 USC 3001 (11)]

Notice
of Intended Disposition: A Notice of Intended Disposition
is published in newspapers by the Federal agency official responsible
for cultural items excavated or removed from Federal lands. Such
notification is required pursuant to 43 CFR 10.7 (c). The Federal
agency official sends copies of published Notices of Intended Disposition
to the National NAGPRA Program.

Notice
of Intent to Repatriate: A Notice of Intent to Repatriate
is published in the Federal Register when a museum or Federal agency
receives, reviews, and accepts a claim by a tribe for sacred objects,
unassociated funerary objects, or objects of cultural patrimony.
Such notification is required pursuant to 43 CFR 10.8 (f). The National
NAGPRA program is responsible for publishing notices of intent to
repatriate on behalf of museums and Federal agencies.

Notice
of Inventory Completion: A Notice of Inventory Completion
is published in the Federal Register when a museum or Federal agency
has made a determination of cultural affiliation, or a determination of the lack of a reasonable basis for determining cultural affiliation for Native American
human remains and associated funerary objects in its possession
or control. Such notification is required pursuant to 25 USC 3003
(d), 43 CFR 10.9 (e), 43 CFR 10.13. The National NAGPRA program is responsible
for publishing notices of inventory completion on behalf of museums
and Federal agencies.

Physical
Custody: The definition of custody in Black's Law Dictionary
[6th Edition] distinguishes between immediate charge and absolute
ownership: "Immediate charge and control, and not the final,
absolute control of ownership, implying responsibility for the protection
and preservation of the thing in custody." In NAGPRA, physical
custody means having immediate charge of Native American cultural
items regardless of whether or not one has sufficient legal interest
to lawfully treat the objects as part of one's collections. See
also Control and Possession.

Place
and Manner of Delivery: Delivery is the act by which
the res [object] or substance thereof is placed within the actual
or constructive possession or control of another. What constitutes
delivery depends largely on the intent of the parties. It is not
necessary that delivery should be by manual transfer. [Black's Law
Dictionary, 6th Edition] In NAGPRA, the place and manner of delivery
refers to the place and manner in which cultural items are transferred
from the museum or Federal agency to the possession or control of
a lineal descendant, or culturally affiliated Indian tribe or Native
Hawaiian organization. The place and manner of delivery are to be
determined in consultation between the museum or Federal agency,
and the requesting lineal descendant, or culturally affiliated Indian
tribe or Native Hawaiian organization. [43 CFR 10.9 (d)] See also
Control, Possession, Repatriation, and Transfer.

Possession:
Having physical custody of human remains, funerary objects, sacred
objects, or objects of cultural patrimony with a sufficient legal
interest to lawfully treat the objects as part of its collection
for purposes of these regulations. Generally, a museum or Federal
agency would not be considered to have possession of human remains,
funerary objects, sacred objects, or objects of cultural patrimony
on loan from another individual, museum, or Federal agency. [43
CFR 10.2 (a)(3)(i)] See also Control and Physical Custody.

Preponderance
of Evidence: As standard of proof in civil cases, is
evidence which is of greater weight or more convincing than the
evidence which is offered in opposition to it; that is, evidence
which as a whole shows that the fact sought to be proved is more
probable than not. [Black's Law Dictionary, 6th Edition]

Repatriate:
In NAGPRA (25 USC 3005 (f), 25 USC 3009), the term repatriate means
to transfer physical custody of and legal interest in Native American
cultural items to lineal descendants, culturally affiliated Indian
tribes, and Native Hawaiian organizations. See also Disposition,
Repatriation, Return, and Transfer.

Repatriation:
In NAGPRA (25 USC 3005), the term repatriation means the transfer
of physical custody of and legal interest in Native American cultural items
to lineal descendants, culturally affiliated Indian tribes, and
Native Hawaiian organizations. See also Disposition, Repatriate,
Return, and Transfer.

Requesting
Lineal Descendant/Tribe/Organization: The lineal descendant,
culturally affiliated Indian tribe, or culturally affiliated Native
Hawaiian organization that has stated a request for the repatriation
of Native American cultural items to the museum or Federal agency
that has control of the cultural items. Used in 25 U.S.C. 3005 (a)(3),
"The return of cultural items covered by this Act shall be
in consultation with the requesting lineal descendant or tribe or
organization to determine the place and manner of delivery of such
items."

Return:
To bring, carry, or send back; to place in the custody of; to restore,
to re-deliver. "Return" means that something which has
had a prior existence will be brought or sent back. [Black's Law
Dictionary, 6th Edition] Used in 25 U.S.C. 3005 (a)(3), "The
return of cultural items covered by this Act shall be in consultation
with the requesting lineal descendant or tribe or organization to
determine the place and manner of delivery of such items."
Also used in 25 USC 3009 (1)(a), "Nothing in this Act shall
be construed to limit the authority of any Federal agency or museum
to return or repatriate Native American cultural items to Indian
tribes, Native Hawaiian organizations, or individuals."

Review
Committee: The Native American Graves Protection and
Repatriation Review Committee, an advisory committee established
pursuant to 25 USC 3006. The Review Committee is subject to the
Federal Advisory Committee Act, and has authority to monitor and
review the implementation of the inventory and identification process
and repatriation activities under 25 USC 3003 - 3005. The National
NAGPRA program provides staff support to the Review Committee. See
also Designated Federal Officer/Official.

Right
of Possession: Possession obtained with the voluntary
consent of an individual or group that had authority of alienation.
The original acquisition of a Native American unassociated funerary
object, sacred object or object of cultural patrimony from an Indian
tribe or Native Hawaiian organization with the voluntary consent
of an individual or group with authority to alienate such object
is deemed to give right of possession of that object, unless the
phrase so defined would, as applied in section 7(c), result in a
Fifth Amendment taking by the United States as determined by the
United States Claims Court pursuant to 28 U.S.C. 1491 in which event
the "right of possession" shall be as provided under otherwise
applicable property law. The original acquisition of Native American
human remains and associated funerary objects which were excavated,
exhumed, or otherwise obtained with full knowledge and consent of
the next of kin or the official governing body of the appropriate
culturally affiliated Indian tribe or Native Hawaiian organization
is deemed to give right of possession to those remains. [25 USC
3001 (13)]

Sacred
Objects: Specific ceremonial objects which are needed
by traditional Native American religious leaders for the practice
of traditional Native American religions by their present day adherents.
[25 USC 3001 (3)(C)]

Summary:
The written description of collections that may contain unassociated funerary objects, sacred objects, or objects of cultural patrimony [43 CFR 10.2 (g)(1)]. The summary serves in lieu of an object-by-object inventory of these collections, although, if an inventory is available, it may be substituted. The summary must include: an estimate of the number of objects in the collection or portion of the collection; a description of the kinds of objects included; reference to the means, date(s), and location(s) in which the collection or portion of the collection was acquired, where readily ascertainable; and information relevant to identifying lineal descendants, if available, and cultural affiliation. [43 CFR 10.8 (b)] Museums and Federal agencies were required to complete their summaries by November 16, 1993. See also Control, Inventory, and Possession.

Traditional
Native American Religious Leader/Traditional Religious Leader:
A person who is recognized by members of an Indian tribe or Native
Hawaiian organization as: 1) being responsible for performing cultural
duties relating to the ceremonial or religious traditions of that
Indian tribe or Native Hawaiian organization, or 2) exercising a
leadership role in an Indian tribe or Native Hawaiian organization
based on the tribe or organization's cultural, ceremonial, or religious
practices. [43 CFR 10.2 (d)(3)]

Transfer:
To convey or remove from one place, person, etc. to another; pass
or hand over from one to another; specifically to change over the
possession or control of (as, to transfer title to land). [Black's
Law Dictionary, 6th Edition]. In NAGPRA, the term transfer is used
at 43 CFR 10.6 and 10.12. See also Control, Possession, and Return.

Tribal
Land: All lands within the exterior boundaries of any
Indian reservation; all dependent Indian communities; any lands
administered for the benefit of Native Hawaiians pursuant to the
Hawaiian Homes Commission Act, 1920, and section 4 of Public Law
86-3. [25 USC 3001 (15)]

All lands which are within the exterior boundaries of any Indian reservation
including, but not limited to, allotments held in trust or subject to a
restriction on alienation by the United States; or
comprise dependent Indian communities as recognized pursuant to
18 U.S.C. 1151; or
are administered for the benefit of Native Hawaiians pursuant
to the Hawaiian Homes Commission Act of 1920 and section 4 of the
Hawaiian Statehood Admission Act (Pub.L. 86-3; 73 Stat. 6). Actions authorized or required under these regulations [43 CFR 10] will not
apply to tribal lands to the extent that any action would result in a
taking of property without compensation within the meaning of the Fifth Amendment of the United States Constitution. [43 CFR 10.2 (f)(2)]

Unassociated
Funerary Objects: Objects that, as a part of the death
rite or ceremony of a culture, are reasonably believed to have been
placed with individual human remains either at the time of death
or later, where the remains are not in the possession or control
of the Federal agency or museum and the objects can be identified
by a preponderance of the evidence as related to specific individuals
or families or to known human remains or, by a preponderance of
the evidence, as having been removed from a specific burial site
of an individual culturally affiliated with a particular Indian
tribe. [25 USC 3001 (3)(B)] Those funerary objects for which the
human remains with which they were placed intentionally are not
in the possession or control of a museum or Federal agency. [43
CFR 10.2 (d)(2)(ii)]